WHEREAS the Governments of Barbados, British Guiana, Jamaica, Antigua, Montserrat, St. Kitts-Nevis- Anguilla, Trinidad and Tobago, Dominica, Grenada, St. Lucia and St. Vincent (hereinafter called "the Govern- ments'') have agreed with the West Indian Navigation Com- pany Limited, a company incorporated in Trinidad under the provisions of the Companies Ordinance, Chapter 31 No. 1 of the Laws of Trinidad and Tobago that the Com- pany shall provide a regular inter-island shipping service to serve the territories of the Governments in accordance with the terms and conditions of the Agreement set out in the Schedule:

LAWS OF ANTIGUA AND BARBUDA

Short title.

Interpretation.

Fulfilment of Agreement.

Contribution to subsidy.

Duration of Agreement for purposes of Act.

CAP. 57) British Caribbean Shipping (Agreement)

AND WHEREAS the Governor and Commander-in-Chief of Trinidad and Tobago was by a Power of Attorney dated the 1st day of November, 1954, nominated and constituted and appointed the lawful attorney of the Government of Antigua for it and on its behalf to execute the said Agreement:

AND WHEREAS the said Governor and Commander-in Chief of Trinidad and Tobago has by virtue of the powers conferred on and vested in him by the said Power of Attorney executed the said Agreement for and on behalf of the Govern- ment of Antigua:

AND WHEREAS the Government of Antigua having agreed and undertaken to ratify and confirm the said Agree- ment as executed for it and on its behalf it is expedient to make provision in Antigua and Barbuda to ratify and give effect to the said Agreement.

1. This Act may be cited as the British Caribbean Shipping (Agreement) Act.

2. In this Act-

"the Agreement" means the Agreement set out in the Schedule;

"the Company" means the West Indies Navigation Company Limited referred to in the Agreement.

3. With a view to the fulfilment of the Agreement in and by Antigua and Barbuda the terms and conditions of the Agreement are hereby ratified and the provisions thereof insofar as they relate to Antigua and Barbuda shall have the force of law as if enacted in this Act.

4. The Accountant-General shall, on the warrant of the Minister of Finance, pay out of the revenue and other funds of Antigua and Barbuda, in accordance with the terms and conditions of the Agreement, the proportion of the annual sum specified in the Third Schedule to the Agreement as being payable by the Government to the Company.

5 . (1) For the purposes of this Act the agreement shall be deemed to be in force unless and until the Cabinet by

LAWS OF ANTIGUA AND BARBUDA

British Caribbean Shipping (CAP. 57 3 (Agreement)

order declares that the Agreement has ceased or is for the purposes of this Act to be deemed to have ceased, to be in force.

(2) An Order may be made under this section declar- ing that the Agreement has ceased to be in force if the Cabinet is satisfied that the Agreement has been determined in accordance with the terms thereof.

SCHEDULE

Approved on behalf of the

Governments.

(Sgd.) C. DE. L. INNIS

Attorney-General.

Approved on behalf of the

Company

(Sgd.) STANLEY S. STONE

Conveyancer.

AGREEMENT

An AGREEMENT made the First day of November 1954 between His Excellency Major-General Sir HUBERT ELVIN RANCE, G.C .M.G., G.B.E., C .B., Governor and Commander-in-Chief of the Colony of Trinidad and Tobago acting herein for and on behalf of the Governments of Barbados, British Guiana, Jamaica, Antigua, Montserrat, St. Kitts-Nevis-Anguilla, Trinidad and Tobago, Dominica, Grenada, St. Lucia and St. Vincent (hereinafter called "the Governments") having been duly authorized for the pur- pose by the Governments of the one part and WEST INDIES NAVIGATION COMPANY LIMITED a company incorporated in Trinidad under the provisions of the Companies Ordinance Chapter 31 No. 1, of the Laws of the Colony of Trinidad and Tobago and having its registered office at 72/74, South Quay, in the City of Port-of-Spain in the Island of Trinidad (hereinafter called "the Company") of the other part.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 57) British Caribbean Shipping (A,yreemnt)

WHEREAS it is desirable to improve the communications between the territories of the British West Indies within the jurisdiction of the Governments for the benefit of the citizens thereof and their mutual trade and in particular to establish a regular shipping service in addition to the sea communica- tions already in existence:

AND WHEREAS the Governments have agreed between themselves to contribute with the assistance for the time being of Her Majesty's Government in the United Kingdom in the proportions specified in the Third Schedule hereto towards the annual sum payable as hereinafter provided by the Governments to the Company:

NOW IT IS HEREBY AGREED as follows-

. This Agreement may be terminated by either party giving to the other six months' notice in writing expiring on or at any time after the third anniversary of a date fifteen days prior to the first sailing from Port-of-Spain in accord- ance with the First Schedule to this Agreement (hereinafter called "the commencement date").

2. This Agreement shall not be assigned or sub-let to any person or company without the previous consent in writing of the Governments which consent shall not be unreasonably withheld.

3. (1) The Company shall introduce provide and maintain a regular service between the scheduled ports for passengers and cargo (hereinafter called "the said services") and shall prosecute the voyages with despatch and shall use its best endeavours to complete fifteen and one half round voyages per annum between the scheduled ports in accor- dance with the time schedule prescribed by the First Schedule hereto:

Provided that-

(i) The Company may at its discretion but sub- ject to the said services being substantially maintained route the ship or ships engaged thereon (hereinafter called "the said ships") to call at any unscheduled ports en route to

LAWS OF ANTIGUA AND BARBUDA

British Caribbean Shipping (CAP. 57 5 (Agreement)

embark or disembark passengers and/or to take on or unload cargo;

(ii) for the purpose of dry docking or other necessary measures to maintain the efficiency of the said ships they may be diverted to any unscheduled port;

(iii) the Company shall in an emergency or if the best interests of the service as a whole so require have full power as a temporary measure to vary the route of the said ships and to order or forbid them to enter any port.

In the event of any such variation of the said services the Company shall inform the Governments forthwith and shall so far as is reasonably practicable operate feeder ser- vices so as to mitigate any inconvenience to users of the service caused by such variation and shall use its best endeavours to restore the normal service with the minimum delay;

(iv) in the event of the facilities of .any port of call not enabling the said ships to be turned round in accordance with the normal custom of the port having regard to the nature of the service, the Company while those cir- cumstances continue may omit, interrupt or modify the service to that port and the Com- pany shall forthwith inform the Governments of the circumstances.

(2) The Company shall be entitled, subject to the pro- visions of Clause 9, to charge such passenger fares, freight rates and other charges as may from time to time be prescribed by the Company. In fixing such fares, rates and charges the Company shall pay due regard to any represen- tations from time to time made by the Governments with respect thereto:

Provided that the Company shall be under no obliga- tion to grant any special or concessionary rates for the transport of passengers or cargo.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 57) British Caribbean Shipping (A,?reement)

4. (1) The Company shall provide for the said ser- vices s.s. "Wingsang" the specification of which is set out in the Second Schedule hereto and shall take all practicable measure to ensure that she and any ship or ships provided by the Company in substitution for her for the purpose of the said services are kept in the condition necessary for the efficient performance thereof:

Provided that subject to the provisions of this Agree- ment if for any reason other than marine casualty (howsoever caused) or the consequences of any hostilities or warlike operations s.s. "Wingsang" shall not be available for the said services the Company shall substitute therefor to the satisfaction of the Governments another ship or ships to pro- vide as nearly as possible similar services and facilities.

(2) In the event of any suspension of the said services arising from the failure to provide or delay in providing for the said services s.s. "Wingsang" or another ship or ships as provided by subclause (1) of this clause, the liability of the Governments for payment of the annual sum payable under the provisions of Clause 6 hereof shall be suspended during the period of such suspension and the amount of such annual sum shall abate pro rata. Suspension or abatement of the annual payment in such circumstances shall not prejudice the question whether the suspension of the said services constitutes a contravention of this Agreement but the amount by which the said annual payment shall have been abated in pursuance of the foregoing provision of this subclause shall be set off against any damages accruing to the Governments by reason of such suspension.

(3) In the event of any of the said ships suffering a marine casualty (howsoever caused) or being damaged in consequence of any hostilities or warlike operations the Com- pany shall use its best endeavours to procure her restoration to such condition as aforesaid with the minimum delay.

(4) If in consequence of any such marine casualty or of hostilities, warlike operations, revolution or civil commo- tion the said services are interrupted or suspended the liability of the Governments for payment of the annual sum payable under the provisions of Clause 6 hereof shall be suspended during the period of such interruption or suspension and

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